By Bailey H.B. No. 2455
75R5285 JSA-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to alternative means of resolving personnel disputes in
1-3 institutions of higher education.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter Z, Chapter 51, Education Code, is
1-6 amended by adding Section 51.9085 to read as follows:
1-7 Sec. 51.9085. ALTERNATIVE DISPUTE RESOLUTION. (a) In this
1-8 section:
1-9 (1) "Alternative dispute resolution procedure" means
1-10 an alternative dispute resolution procedure to which a matter may
1-11 be referred under Subchapter B, Chapter 154, Civil Practice and
1-12 Remedies Code, including mediation, mini-trial, moderated
1-13 settlement conference, summary jury trial, nonbinding arbitration,
1-14 or a combination of these procedures.
1-15 (2) "Governing board" has the meaning assigned by
1-16 Section 61.003.
1-17 (3) "Institution of higher education" means a general
1-18 academic teaching institution, medical and dental unit, or other
1-19 agency of higher education, as those terms are defined by Section
1-20 61.003.
1-21 (b) It is the policy of this state that disputes be resolved
1-22 informally and expeditiously when possible, and that each state
1-23 agency support this policy by developing and using alternative
1-24 dispute resolution procedures in all areas of the agency's
2-1 operations, programs, and functions. Therefore, the state
2-2 encourages institutions of higher education to use mediation and
2-3 other alternative dispute resolution procedures in order to
2-4 peaceably resolve personnel disputes, including employee
2-5 grievances, and to avoid costly and protracted litigation whenever
2-6 possible.
2-7 (c) This section may not be applied in a way that will deny
2-8 a person a right granted to the person by state or federal law,
2-9 including the right to a public administrative or judicial hearing.
2-10 (d) The chief administrative officer of each institution of
2-11 higher education shall designate a senior official to serve as the
2-12 dispute resolution coordinator of the institution. The official is
2-13 responsible for and must be given the necessary authority within
2-14 the institution to:
2-15 (1) become personally knowledgeable about alternative
2-16 dispute resolution procedures;
2-17 (2) implement within the institution the dispute
2-18 resolution policy established by this section; and
2-19 (3) conduct the reviews and produce the reports
2-20 required by this section.
2-21 (e) Each institution of higher education, through its
2-22 dispute resolution coordinator, shall review all of its rules,
2-23 procedures, and policies relating to the resolution of personnel
2-24 disputes, including grievances, among its employees. Each
2-25 institution shall adopt procedures that address the use of
2-26 alternative dispute resolution in personnel disputes, including
2-27 employee grievances. The institution of higher education may
3-1 consult with the Center for Public Policy Dispute Resolution at The
3-2 University of Texas School of Law in performing the review and
3-3 establishing the procedures required by this section.
3-4 (f) Each institution of higher education shall regularly
3-5 review the effectiveness of the procedures adopted under this
3-6 section.
3-7 (g) Each institution of higher education shall provide for
3-8 continuous training for the dispute resolution coordinator of the
3-9 institution and other appropriate employees to ensure compliance
3-10 with this section. The training must include the theory and
3-11 practice of alternative dispute resolution procedures and their
3-12 appropriate uses by an institution of higher education. The
3-13 dispute resolution coordinator shall periodically recommend to the
3-14 chief administrative officer of the institution other employees
3-15 whose participation in alternative dispute resolution training
3-16 would benefit the institution.
3-17 (h) Any individual who is acceptable to the parties to a
3-18 dispute and who serves at the will of the parties may serve as an
3-19 impartial third party in an alternative dispute resolution
3-20 procedure conducted under this section, as long as that individual
3-21 satisfies the minimum qualifications and abides by the standards
3-22 and duties established by Subchapter C, Chapter 154, Civil Practice
3-23 and Remedies Code. An impartial third party may be a permanent or
3-24 temporary employee of state government. The cost for the services
3-25 of an impartial third party shall be distributed equally among the
3-26 parties to an alternative dispute resolution proceeding.
3-27 (i) In order to keep the costs to a minimum, the parties to
4-1 an alternative dispute resolution proceeding are encouraged to use
4-2 the services of a Texas dispute resolution center or of one or more
4-3 trained employees of another institution of higher education or
4-4 other state agency to serve as an impartial third party.
4-5 Institutions of higher education may enter into agreements with one
4-6 another that provide for the reimbursement in kind or otherwise by
4-7 the user institution or by the parties of the full or partial cost
4-8 of the services of an employee as an impartial third party.
4-9 Institutions of higher education may use the Center for Public
4-10 Policy Dispute Resolution at The University of Texas School of Law
4-11 as a center for the exchange of personnel to serve as impartial
4-12 third parties. An institution of higher education may contract
4-13 with another institution of higher education, a state agency,
4-14 including the Center for Public Policy Dispute Resolution at The
4-15 University of Texas School of Law, or a private person for any
4-16 services necessary to comply with this section.
4-17 (j) Communications and records related to an alternative
4-18 dispute resolution procedure authorized by this section are
4-19 protected from disclosure as provided by Section 154.073, Civil
4-20 Practice and Remedies Code.
4-21 (k) An alternative dispute resolution procedure adopted
4-22 under this section may be used only if each party to the dispute
4-23 consents to the use of the procedure. Nothing in this section
4-24 requires a party to a dispute at an institution of higher education
4-25 to enter into an agreement pursuant to an alternative dispute
4-26 resolution procedure.
4-27 (l) Not later than June 1, 2000, each institution of higher
5-1 education shall report the results of its review under Subsection
5-2 (f) up to that date to the governor and to the chair of the
5-3 standing committee of each house of the legislature with primary
5-4 jurisdiction over higher education. The report must comply with
5-5 the confidentiality provided by Subsection (j) with respect to
5-6 specific matters submitted to alternative dispute resolution. This
5-7 subsection expires January 1, 2001.
5-8 (m) Each institution of higher education shall adopt initial
5-9 procedures as required by this section not later than June 1, 1998.
5-10 This subsection expires January 1, 1999.
5-11 SECTION 2. This Act takes effect September 1, 1997.
5-12 SECTION 3. The importance of this legislation and the
5-13 crowded condition of the calendars in both houses create an
5-14 emergency and an imperative public necessity that the
5-15 constitutional rule requiring bills to be read on three several
5-16 days in each house be suspended, and this rule is hereby suspended.